General terms and conditions

Article 1. Definitions

This article defines several terms that are capitalized in these general terms and conditions. The definitions have the same meaning in both singular and plural, unless the context dictates otherwise.

1.1 Appendix: an annex to the Agreement, which is considered an integral part thereof.
1.2 Defect: a malfunction in the operation of a device that is part of the Inventory, making it reasonably unusable by the Tenant.
1.3 Services: the activities to be performed by Moving-In as specified in an Appendix, such as Styling Advice and Preparing Objects for Sale.
1.4 Public Holidays: New Year's Day, both Easter Days, Ascension Day, both Pentecost Days, both Christmas Days, Queen’s Day (April 30), and any other public holidays mutually agreed upon by the parties.
1.5 Furniture Rental: the rental and leasing of Inventory by Moving-In to the Tenant for the purpose of occupying the Object.
1.6 Moving-In: Moving-In V.O.F.
1.7 Tenant: the counterparty of Moving-In.
1.8 Inventory: furniture, appliances, decorations, furnishings, and/or other materials and/or accessories provided by Moving-In to the Tenant under the Agreement for the Object, as further specified in an Appendix.
1.9 Furnishing: the placement of Inventory in the Object by or on behalf of Moving-In.
1.10 Interior Design: the way in which the Inventory is placed in the Object by or on behalf of Moving-In.
1.11 Notification: a written or emailed report by the Tenant regarding a Defect, inquiry, or request.
1.12 Object: the residential or commercial property whose address is specified in the Agreement and where the Inventory is placed in execution of that Agreement and/or for which the Services are performed.
1.13 Clearing: the removal of Inventory from the Object by or on behalf of Moving-In.
1.14 Agreement: the contract between Moving-In and the Tenant to which these general terms and conditions apply.
1.15 Styling Advice: a service in which Moving-In advises the Tenant on the furnishing of Objects.
1.16 Preparing for Sale: a service aimed at facilitating the sale or rental of an Object, other than through Rental and Furnishing.
1.17 Rental: the leasing of Inventory by Moving-In to the Tenant in the form of Furniture Rental or Home Staging.
1.18 Home Staging: the rental and leasing of Inventory by Moving-In to the Tenant to promote the sale of the Object.
1.19 Business Days: calendar days excluding weekends and Public Holidays.

Article 2. Applicability of General Terms and Conditions and Formation of Agreements

2.1 These general terms and conditions apply to all offers from Moving-In, as well as to all agreements and any agreements arising therefrom between Moving-In and the Tenant.
2.2 General and special purchasing or other terms and conditions of the Tenant expressly do not apply to the Agreement unless explicitly and in writing accepted by Moving-In.
2.3 An offer issued by Moving-In is valid for thirty (30) days unless otherwise stated in the respective offer.
2.4 The Agreement between the Tenant and Moving-In is concluded once both parties have signed it.

Article 3. Rental and Furnishing

3.1 Moving-In shall make the Inventory available to the Tenant by placing it in the Object.
3.2 The Tenant guarantees that Moving-In will be granted unrestricted access to the Object at any time upon first request for the purpose of placement, repair of Defects, inspection of the Inventory, and Clearing.
3.3 The Tenant is responsible for ensuring the availability of necessary tools and utilities at the Object required for Furnishing and Clearing, such as but not limited to electricity, water, ladders, elevators, aerial work platforms, etc., if circumstances on-site require them.
3.4 The Tenant guarantees that Moving-In can freely use the tools mentioned in the previous clause. Any costs for vertical transport are not included in the agreed prices and rates unless explicitly agreed otherwise in writing.
3.5 The Tenant guarantees that the Object is suitable and available for the placement of the Inventory in a timely manner, meaning that the Object must be easily accessible, weatherproof, clean, dry, and secure (properly lockable), provide sufficient space for the placement of the Inventory, and maintain an appropriate relative humidity and temperature to preserve the Inventory. If one or more of these conditions are not met, the Tenant shall bear the costs incurred by Moving-In in an (optional) attempt to ensure that the Object meets the stated conditions.
3.6 If one or more of the tools mentioned in clause 3 are not available and/or one or more of the conditions mentioned in clause 5 are not met, the Tenant shall bear the costs incurred by Moving-In in an (optional) attempt to ensure that the Object meets the stated conditions and to complete the Furnishing and Clearing, including possible costs for (temporary) storage of the Inventory elsewhere, extra travel costs, and costs for additional tools.
3.7 The finally placed Inventory must be at least equivalent to the Inventory specified in the Appendix but may differ in type, design, brand, color, size, etc.
3.8 Furnishing is carried out at the discretion and expertise of Moving-In, with the agreed furnishing style serving as a guideline. The final Interior Design may differ from atmosphere impressions, examples, photos, design drawings, etc., shown by Moving-In to the Tenant.
3.9 If Rental has been agreed upon in the form of Home Staging, the Tenant has no right to daily use of the Inventory, as it serves only a presentation function aimed at selling or renting the Object more quickly.

Article 4. Acceptance and Complaints

4.1 The Tenant shall be present at the agreed time when Moving-In intends to complete the Furnishing and shall, after verifying that the Inventory and Interior Design comply with the written agreement, sign a declaration to that effect upon the first request from Moving-In. If the Tenant is not present at the agreed time, the Tenant shall be deemed to have automatically approved the Inventory and Interior Design immediately after completion of the Furnishing.
4.2 If the Tenant wishes to withhold approval of the Inventory and Interior Design, they must notify Moving-In in writing via a registered letter within five Business Days, substantiating their complaint in detail and specifying what modifications are necessary for the Inventory and Interior Design to meet the written agreement. If such a letter is not received within the specified period, the Tenant is deemed to have approved the Inventory and Interior Design. A complaint as described in this clause does not suspend the Tenant’s payment obligations. If Moving-In deems the complaint justified, it may decide to apply a one-time discount on the agreed fees for the period in which the Inventory and/or Interior Design substantially deviated from what was agreed upon in writing.

Article 5. Deadlines and Planning

5.1 All deadlines provided by Moving-In are indicated to the best of its knowledge and are never considered binding.
5.2 If the progress of the work is significantly delayed or is expected to be delayed, Moving-In will notify the Tenant and provide information on the cause of the delay and how it is expected to affect the delivery timeline.
5.3 The delivery of the Inventory and the Furnishing may be carried out in phases, in which case the Tenant will only be charged for the items from the Inventory that have already been made available.

Article 6. Risk Transfer, Tenant’s Duty of Care, and Insurance

6.1 From the day the first item of the Inventory is placed in the Object until the day Moving-In has removed all items from the Inventory from the Object, the Tenant bears the risk for any form of damage to and/or loss of (items from) the Inventory.
6.2 The Tenant must handle and take care of the Inventory as a prudent householder. The Tenant’s duty of care also entails ensuring that all items from the Inventory are used only in a normal manner and for the purpose for which they were manufactured.
6.3 The Tenant shall arrange for contents insurance that provides adequate coverage for the Inventory, effective for the period mentioned in clause 1 of this article.

Article 7. Defects, Damage, and Wear and Tear

7.1 If a device that is part of the Inventory exhibits a Defect, the Tenant is required to notify Moving-In within three Business Days after discovering the issue.
7.2 If an item from the Inventory shows any signs of damage (including but not limited to Defects as defined in Article 16.2), the Tenant must notify Moving-In within three Business Days after discovering the issue.
7.3 Moving-In aims to contact the Tenant within three Business Days of receiving the Notification to assess the appropriate course of action.
7.4 If Moving-In determines that repairing a Defect through repair or replacement is necessary, it will aim to complete the repair within seven Business Days after making the decision to repair.
7.5 If Moving-In decides to replace an item from the Inventory with a comparable item, Article 3.7 applies accordingly.
7.6 Moving-In is entitled to charge the Tenant a fixed contribution of €200 (excluding VAT) per repair for each item from the Inventory that requires repair.
7.7 During the period in which a device exhibits a Defect, the Tenant remains liable for the agreed rental price of the Inventory. If repair is not possible within the specified target period in this article, Moving-In may decide to refund a proportional portion of the paid rental price for the period that the repair has been delayed for more than ten Business Days after the Notification. The Tenant has no right to suspend payments or offset amounts.

Article 8. Relocation, Modification, and Takeover of Inventory

8.1 The Tenant is not permitted to move Inventory outside the Object without the express prior written consent of Moving-In. If Moving-In grants such consent, the relocation is at the Tenant’s expense and risk. Moving-In may provide a quote upon request for relocating Inventory within and/or outside the Object for the Tenant.
8.2 The Tenant is not permitted to make modifications to any item from the Inventory without the express prior written consent of Moving-In. If Moving-In grants such consent, the modification is at the Tenant’s expense and risk, and the Tenant must compensate Moving-In for any loss in value of the item.
8.3 The Tenant may purchase (items from) the Inventory from Moving-In during or after the rental period by paying a takeover amount determined by Moving-In upon the Tenant’s request.

Article 9. Preparing for Sale and Styling Advice

9.1 Upon request, Moving-In may modify and/or enhance the Object by painting, covering, and restoring walls, ceilings, and other surfaces to facilitate a smooth rental or sale of the Object by the Tenant.
9.2 Upon request, Moving-In may provide Styling Advice.
9.3 Moving-In guarantees that its Services will be performed competently.
9.4 Moving-In does not guarantee that its Services, as described in this article, will result in a (faster) sale, rental, or appreciation of the Object.

Article 10. Prices, Rates, and Security Deposit

10.1 All prices and rates are stated in euros, excluding VAT and other government-imposed charges.
10.2 The Tenant is required to pay Moving-In a monthly rental fee in advance (hereinafter: "monthly installment") as specified in the Agreement.
10.3 Before the Furnishing takes place, the Tenant must pay the first monthly installment and a security deposit equivalent to two monthly installments. The security deposit will be refunded after the Clearing by Moving-In unless damage to the Inventory is identified at the time of Clearing, as referred to in Article 14.2. In such cases, Moving-In is entitled to deduct the damage costs from the security deposit.
10.4 The Tenant shall pay Moving-In a monthly fee in arrears for Services rendered, based on actual costs (hours and materials). Any prior estimates, projections, or quantities provided in an offer or otherwise are merely indicative of the final fees payable by the Tenant. These estimates are based on the information available to Moving-In at the time of issuing the offer.
10.5 If Moving-In performs work for the Tenant that was not foreseen at the time of concluding the Agreement, such work will also be charged on a post-calculation basis at the applicable rates.
10.6 Moving-In is entitled to adjust the agreed prices and rates by a percentage equal to the price index figure for the rental of machines, equipment, and tools without operating personnel, and for consumer goods, as published by the CBS (Statistics Netherlands), based on 2006=100. Price and rate adjustments occur once per year and will be communicated in writing to the Tenant at least one (1) month before they take effect. If Moving-In increases the agreed prices and rates by a percentage higher than stated above, the Tenant has the right to terminate the Agreement by registered letter within thirty (30) days of receiving the notification, effective on the date the change takes effect.

Article 11. Invoicing and Payment

11.1 All invoices must be paid by the Tenant within fourteen (14) days of the invoice date. If the Tenant fails to make payment within this period, they are liable for the statutory commercial interest on the invoice amount to Moving-In without any further notice of default being required, with a minimum charge of €250 (two hundred and fifty euros).
11.2 If the Tenant remains in default even after receiving a notice of default, Moving-In may claim compensation for extrajudicial collection costs, which will be a minimum of 15% of the outstanding amount. Moving-In is also entitled to suspend its Services to the Tenant and proceed with Clearing the Object.
11.3 The Tenant shall make payments without any discount, deduction, or setoff unless explicitly agreed otherwise by the parties.
11.4 Unless otherwise agreed, the Tenant is required to provide a written and signed authorization for direct debit payment of the monthly rental installments. The Tenant guarantees the accuracy and completeness of the direct debit authorization form. The Tenant is not entitled to revoke this authorization while the Agreement remains in effect. Any costs incurred by Moving-In due to unjustified chargebacks by the Tenant will be charged to the Tenant.

Article 12. Duration and Termination

12.1 The Agreement between Moving-In and the Tenant is entered into for an indefinite period and takes effect on the date it is signed by both parties or as soon as the Inventory is placed in the Object at the Tenant’s request. The Agreement remains in force at least until the date specified in the Agreement as the end of the initial rental period. If no end date for the initial rental period is specified, the initial rental period is deemed to expire after four (4) weeks (in the case of Furniture Rental) or three (3) months (in the case of Home Staging) from the day Moving-In completes the Furnishing. After the initial rental period, either party may terminate the Agreement with a notice period of at least one (1) month.
12.2 The Agreement cannot be terminated during the initial rental period unless the parties agree on a buyout arrangement, as referred to in Article 8.3, for the entire Inventory. In this case, the rental period ends on a mutually agreed date, provided that the agreed buyout amount has been received by Moving-In on that date.
12.3 Notwithstanding the provisions of this article, Moving-In may terminate the Agreement at any time with a notice period of six (6) months.
12.4 Where termination is possible under this article, it must be done via a registered letter addressed to the counterparty.
12.5 Either party is entitled to dissolve the Agreement via a registered letter if the other party fails to meet its obligations under the Agreement and does not rectify the default within a reasonable period after receiving a formal notice of default.
12.6 Either party is entitled to immediately terminate the Agreement by registered letter with acknowledgment of receipt, without prior notice or default notice, if the counterparty applies for or is granted a suspension of payments, is declared bankrupt or has a bankruptcy application filed against it, liquidates or ceases its business operations (other than for the purpose of a business merger), or if a significant portion of its assets are seized or if the counterparty can no longer be expected to fulfill its obligations under the Agreement.
12.7 If the Tenant terminates the Agreement, they forfeit the right to claim compensation.
12.8 Early termination of the Agreement is only possible if the resident returns to their home country (diplomatic clause) and simultaneously terminates the rental of the dwelling.

Article 13. End of Rental Period

13.1 Moving-In aims to clear the Object within three (3) Business Days after the end of the rental period.
13.2 To facilitate the smooth removal of the Inventory from the Object, the Tenant must ensure that the same conditions and tools required for placement and Furnishing, as described in Article 3, are available.
13.3 If any of the required tools or conditions are not met, the Tenant shall bear the costs incurred by Moving-In in an (optional) attempt to complete the Clearing, including additional travel costs and extra tools used.
13.4 If, due to the Tenant’s actions or circumstances attributable to them, Moving-In is unable to clear the Object on time, the Tenant shall owe an additional rental fee based on the extended rental period. Any extra costs incurred by Moving-In under this clause will be charged to the Tenant based on post-calculation using Moving-In’s applicable prices and rates at the time.

Article 14. Liability

14.1 The Tenant is responsible for all modifications to and/or in the Object that Moving-In carries out under the Agreement and/or at the Tenant’s request, regardless of whether the Tenant is the owner of the Object. The Tenant indemnifies Moving-In against claims from third parties regarding any form of damage, whether directly or indirectly related to modifications to and/or in the Object as described in the previous sentence.
14.2 The Tenant is liable for any form of damage to the Inventory (including but not limited to damage caused by improper use, use not in accordance with the intended purpose of the Inventory, damage caused by fire, water, moisture, smoke, heat, and wear), except in the case of Furniture Rental, where Moving-In qualifies the damage as normal wear and tear due to regular use.
14.3 The Tenant is responsible for any use of the Inventory by persons other than themselves. The Tenant is liable for damage to the Inventory caused by third parties as if they had caused the damage themselves under these terms and conditions.
14.4 Moving-In accepts no liability for indirect damage suffered by the Tenant, the owner of the Object, or third parties, including but not limited to consequential damage, loss in the sale or rental of the Object, depreciation of the Object, lost profits, and missed savings.
14.5 Notwithstanding the above, Moving-In's liability for products and services obtained from third parties shall not exceed the liability of those third parties towards Moving-In and their ability to provide compensation.
14.6 Moving-In invokes all legal and contractual defenses available to it to reject its liability to the Tenant, including those applicable to its employees and non-employees for whose actions it may be legally liable.
14.7 Notwithstanding the foregoing, Moving-In's liability per incident (where a series of incidents is considered a single incident) is limited to direct damage and to a maximum of the amount received from the Tenant under the Agreement in the three months preceding the incident, excluding VAT. In any case, Moving-In's total liability shall not exceed €10,000 (ten thousand euros). Direct damage is exclusively defined as:
a. The reasonable costs the Tenant must incur to have Moving-In’s performance meet the Agreement. However, this damage will not be compensated if the Tenant has terminated the Agreement.
b. The reasonable costs incurred to determine the cause and extent of the damage, insofar as the determination relates to direct damage as defined in these general terms and conditions.
c. The reasonable costs incurred to prevent or limit damage, insofar as the Tenant can demonstrate that these costs have led to the limitation of direct damage as defined in these general terms and conditions.
14.8 The liability limitations mentioned above do not apply in cases where the damage is a direct result of intent or gross negligence on the part of Moving-In's executives.
14.9 Moving-In’s liability for a culpable breach of the Agreement only arises if the Tenant has properly notified Moving-In in writing via a registered letter, specifying a reasonable deadline for compliance, and Moving-In fails to fulfill its obligations within that period.
14.10 A prerequisite for any right to compensation is that the damage must be reported in writing and specified in detail to Moving-In as soon as possible after the damage has become known, but no later than three Business Days after its discovery.

Article 15. Force Majeure

15.1 Neither party is obligated to fulfill any obligation under the Agreement if prevented from doing so by force majeure. Force majeure for Moving-In includes, but is not limited to, non-attributable failure by a supplier of Moving-In, unavailability or delayed delivery of materials, illness or shortage of personnel, traffic disruptions, flooding, fire, overheating, dust, terrorist attacks, and/or acts of war.
15.2 If the force majeure situation lasts longer than ninety (90) days, both parties have the right to terminate the Agreement immediately via a registered letter, without any obligation to pay damages. Any performance already rendered under the Agreement shall be settled on a pro-rata basis.

Article 16. Assignment and Subcontracting

16.1 Moving-In is entitled to engage third parties in the execution of an Agreement. The involvement of third parties does not affect the (limitations of) liability for Moving-In as stipulated in these general terms and conditions.
16.2 The Tenant is not permitted to transfer rights and/or obligations to third parties without prior written consent from Moving-In. Moving-In is at all times entitled to impose conditions on such a transfer.

Article 17. Applicable Law and Disputes

17.1 All Agreements between Moving-In and the Tenant are governed by Dutch law.
17.2 Disputes arising from an Agreement between Moving-In and the Tenant shall be submitted to the competent court in the district where Moving-In is established.
17.3 Both parties shall make every effort to resolve disputes related to the execution of the Agreement amicably in the first instance.

Article 18. General Provisions

18.1 Unless otherwise agreed, Moving-In is entitled to mention the Tenant as a reference on its website (with or without a logo/brand mark, at Moving-In’s discretion).
18.2 If any provision of these general terms and conditions is found to be void or annulled, the remaining provisions shall remain in full force. The parties shall consult each other to replace the void or annulled provision with a new provision that aligns as closely as possible with the intent and purpose of the original provision.
18.3 In the event of contradictions between these general terms and conditions and an Agreement, the provisions of the Agreement shall prevail.
18.4 In the event of contradictions between an Agreement and its Appendices, the provisions of the Agreement shall prevail. If contradictions arise between different Appendices, the Appendix with the lowest number shall prevail.